CAT/C/57/D/628/2014
its concluding observations following its 2011 examination of the combined third and
fourth periodic reports of Sri Lanka, in which it expressed serious concern about reports
suggesting that torture and ill-treatment perpetrated by State actors in Sri Lanka, both the
military and the police, had continued in many parts of the country after the conflict with
LTTE ended in May 2009.22 The Committee also refers to its concluding observations
following its 2013 examination of the fifth periodic report of the United Kingdom of Great
Britain and Northern Ireland, in which the Committee noted evidence that some Sri Lankan
Tamils had been victims of torture and ill-treatment following their forced or voluntary
removal from the State party to Sri Lanka.23 The Committee further refers to the
preliminary observations and recommendations of the Special Rapporteur on torture and
other cruel, inhuman and degrading treatment or punishment following the official joint
visit with the Special Rapporteur on the independence of judges and lawyers to Sri Lanka
from 29 April to 7 May 2016, wherein it was noted that “torture is a common practice” and
that the “current legal framework and the lack of reform within the structures of the armed
forces, police, Attorney-General’s Office and judiciary perpetuate the real risk that the
practice of torture will continue”.24
7.9
The Committee further notes that a credible report published by a non-governmental
organization in 2015 documented 55 cases in which individuals who had returned to Sri
Lanka from the United Kingdom during the 2009-2015 period had alleged that they were
subsequently detained and tortured by the Sri Lankan authorities, and notes that in 54 of the
55 cases a past connection with LTTE, either low level or high level, and either directly or
through a family member or acquaintance, appeared to have been at least a contributory
factor in their detention.25 The report also notes that the fact that the victims had returned
from abroad might have particularly attracted the attention of the authorities. This report is
consistent with other non-governmental reports published in recent years, including one
documenting 40 cases in which individuals connected or perceived as having been
connected to LTTE were subjected to abduction, arbitrary detention, torture, rape and
sexual violence by Sri Lankan authorities between 2009 and 2014 for the purpose of
extracting confessions and/or information about LTTE and to punish the victims for their
involvement with the organization.26 In addition, according to the latter report, EPDP
remains involved in cases of torture perpetrated by the authorities, often brokering the
release of persons detained by the authorities in exchange for money.27 The Committee
considers that all the above shows that Sri Lankans of Tamil ethnicity with a prior personal
or familial connection to LTTE facing forcible return to Sri Lanka may be at risk of torture.
22
23
24
25
26
27
12
8 November 2013, para. 9.2; and No. 591/2014, K. v. Australia, decision adopted on 25 November
2015, para. 10.11.
See CAT/C/LKA/CO/3-4, para. 6.
See CAT/C/GBR/CO/5, para. 20.
Preliminary observations and recommendations of the Special Rapporteur on torture and other cruel,
inhuman and degrading treatment or punishment, Mr. Juan E. Mendez, on the official joint visit to Sri
Lanka from 29 April to 7 May 2016 (Colombo, 7 May 2016). Available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19943&LangID=E.
Freedom from Torture, “Tainted peace: torture in Sri Lanka since May 2009” (August 2015),
available from www.freedomfromtorture.org/sites/default/files/documents/sl_report_a4_-_final-f-bweb.pdf.
Yasmin Sooka, The Bar Human Rights Committee of England and Wales and the International Truth
and Justice Project (Sri Lanka), “An unfinished war: torture and sexual violence in Sri Lanka—20092014” (March 2014), available from www.barhumanrights.org.uk/unfinished-war-torture-and-sexualviolence-sri-lanka-2009-2014.
Ibid., p. 31.